For volunteers: Online EAD confirmation receipt

[nishant_chicago]

My new EAD application was approved 15 days ago but the card hasn't arrived yet. Since I could not completely dismiss the possibility of losing it in my mail I have begun considering filing for a replacement card. Enter BCIS E-file! If I file online for a replacement would the online confirmation receipt satisfy the requirement for my employment eligibility for a new job: as stated in the form I-9 required to be filled on the first day of hire? I am quoting the requirement below.

"If employees are authorized to work, but are unable to present the required document(s) within three business days, they must present a receipt for the application of the replacement document(s) within three business days and the actual document(s) within ninety (90) days"

Thanks

Nishant

 

[jaxen]

good find...

I think this is one for BCIS to fix the legal loop hole. The only good news this find/intrpretation gives is that in case somebody is charged with working without EAD authorization, your lawyer should know about this clause... (it is in section2 of instructions of I-9 from
http://www.immigration.gov/graphics/formsfee/forms/i-9.htm)

Unfortunately the company has to agree with this intrepretation which does not happen. The problem is that the 90 days come from eligibility for interim EAD, but the one governing practice of BCIS (formerly INS) is that they dont give EAD retroactively. So either the EAD start date is from the interim ead issue date or from approval date or in some rare cases after the expiry date of previous EAD...
Which means that your work is still unauthorized until the new EAD approval date... despite that clause... Risky dont you think..